Be Smart, Say “NO” to Corporate Immunity

I read Senator Mark Harris’ recent article that read more like a propaganda piece than an opinion piece. The theme of his article was that unless the Idaho legislature provides Bayer, the manufacturer of Roundup, with immunity, civilization as we know it will collapse. Until I read Senator Harris’ article, I never knew that without giving Bayer immunity for harm Roundup might cause Idahoans, we “jeopardize Idaho jobs, our food security and our national security.” Wow! No wonder Senator Harris says, “The stakes are high.” I mean who knew Roundup is essential to the national security of the United States.

Senator Harris says we must give Bayer immunity for harm Roundup might do to Idahoans so “we can ensure a prosperous future for Idaho” and “defend our economy and our way of life from those who seek to undermine them.” Luckily for us, Senator Harris identifies these “bad guys” who seek to destroy everything.

It turns out they’re the same boogeymen bad guys paid corporate spokesmen always point to when they want a special favor from government. It’s those “elitist trial lawyers” and “extremist environmental groups” who Senator Harris says, “have put hundreds of jobs in my district at risk” by spearheading what he calls “endless litigation” and “frivolous lawsuits.”

The problem is that Senator Harris can’t identify even one lawsuit in Idaho involving Roundup let alone “endless litigation.” Even so, Senator Harris says, “we must act now to protect Idahoans from extremist agendas that threaten our economy and communities” by closing what he calls “legal loopholes” and replacing them with “common-sense laws.” Note: “common-sense laws” is code for “Bayer immunity.”

The truth is that no “legal loopholes” exist that threaten Idaho’s economy, our way of life, or the national security of the United States. Senator Harris is using inflammatory rhetoric to scare people and to play to their biases so that he can pass a bill to give his constituent chemical company Bayer immunity from harm Roundup might cause Idahoans.

Although Senator Harris claims the EPA deems Roundup “safe,” I don’t trust government agencies especially when they get their information from manufacturers. Look, neither I nor you know if Roundup causes harm to people. But what we do know is that corporations have a long history of manufacturing products that harm people and then lying about their harmful effects.

You might have seen the movie “Dark Waters,” the true story of one lawyer’s twenty-year battle against chemical giant DuPont who poisoned the drinking water of an innocent community and lied for years about the harm it caused before paying $4 billion to pay for damages DuPont caused and lives it destroyed. You might also know that big pharma has paid billions of dollars in fines over the years for a variety of legal claims including fraud, illegal kickback schemes, and lying to the FDA by downplaying or omitting risks, exaggerating benefits, misrepresenting study data, failing to present a fair balance of risks and benefits, omitting importing facts, etc.

Chemical giant Monsanto first developed Roundup in the 1970s, and pharmaceutical company Bayer bought Monsanto in 2018. This might be the first marriage in modern history between a giant chemical company and a giant pharmaceutical company to create a new breed of behemoth known as “colossal chem-pharma.” What could possibly go wrong?

Idaho law already strikes the appropriate balance that allows companies to manufacture products while protecting Idahoans from damages those products might cause. We must be smarter than to create an “immunity loophole” for a single “colossal chem-pharma” company that it could use to insulate itself from liability against otherwise valid and compelling claims by innocent Idahoans.

Bryan Smith is a trial attorney and serves as the Idaho Republican National Committeeman.